Randolph v. FEDEX-Federal Express Corporation
ORDER signed by Magistrate Judge Gregory G. Hollows on 9/29/11 ORDERING that forthwith after submission of the paragraph 2 required info by pltf, the USM is directed to serve w/i 90 days, all process, including a copy of this court's status orde r, w/o prepayment of costs; Pltf is directed to supply the USM, w/i 14 days, all info needed by the USM to effect service of process, and shall file a stmt with the court that said documents have been submitted to the USM. In the event the USM is un able, to effectuate service on any dft w/i 90 days, the USM is directed to report that fact, and the reasons for it, to the undersigned; The Clerk is directed to serve a copy of this order on the USM. Pltf is cautioned that failure to comply with this order will result in a recommendation of dismissal. (cc USM)(Becknal, R)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
SHAWN L. RANDOLPH,
No. CIV S-11-0028 GEB GGH PS
FEDEX - FEDERAL EXPRESS
On March 18, 2011, the court entered its order granting plaintiff’s request to
proceed in forma pauperis and directing the Clerk to forward to plaintiff a summons form and a
USM-285 form. Pursuant to that order, within 14 days from the March 18, 2011 filed date of the
order, plaintiff was to provide the United States Marshal with the information to complete
service of process. The court has not received a proof of service showing that the defendant has
been served. On September 13, 2011, plaintiff filed a document stating that he did not submit his
paperwork for service because he was in the hospital in April and May, 2011. Plaintiff does not
explain why he has not submitted his paperwork since that time.
Accordingly, IT IS ORDERED that:
1. Forthwith after submission of the paragraph 2 required information by
plaintiff, the U.S. Marshal is directed to serve within ninety days of the date of this order, all
process pursuant to Fed. R. Civ. P. 4, including a copy of this court’s status order, without
prepayment of costs.
2. Plaintiff is directed to supply the U.S. Marshal, within 14 days from the date
this order is filed, all information needed by the Marshal to effect service of process, and shall
file a statement with the court that said documents have been submitted to the United States
Marshal. The court anticipates that, to effect service, the U.S. Marshal will require at least:
a. One completed summons for each defendant;
b. One completed USM-285 form for each defendant;
c. One copy of the endorsed filed complaint for each defendant, with an
extra copy for the U.S. Marshal;
d. One copy of this court’s status order for each defendant; and
e. One copy of the instant order for each defendant.
3 In the event the U.S. Marshal is unable, for any reason whatsoever, to effectuate
service on any defendant within 90 days from the date of this order, the Marshal is directed to
report that fact, and the reasons for it, to the undersigned.
4. The Clerk of the Court is directed to serve a copy of this order on the U.S.
Marshal, 501 “I” Street, Sacramento, Ca., 95814, Tel. No. (916) 930-2030.
6. Plaintiff is cautioned that failure to comply with this order will result in a
recommendation of dismissal for failure to serve. Fed. R. Civ. P. 4(m).
DATED: September 29, 2011
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
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